Legal Question in Legal Ethics in Minnesota
PI attorney took advantage of my TBI condition
My PI attorney submitted a demand for settlement to a home
improvement center for several hundred thousand dollars
BEFORE he reviewed my medical history. After reviewing my
medical history my attorney pressured me into settling for
$50,000 from which 1/3 will go to him and possibly the entire
remaining amount going to subrogation claims - leaving me little
or nothing in compensation. He also told me that I am bound by
law to sign the release for the settlement and he won't honor my
repeated requests to be informed of the amount that will be paid
out in subrogation claims. Further, over a 4 and a half year period
my attorney did next to nothing to keep me informed of the status
of my case despite frequent request for him to do so. Is this not
legal malpractice or at least a breech of legal ethics and
professional responsibility? What can I do?
2 Answers from Attorneys
Re: PI attorney took advantage of my TBI condition
Contact your local bar association. They know what to do, and will advise you in how to proceed with your complaint.
Re: PI attorney took advantage of my TBI condition
The demand for settlement should have been in good faith, but that doesn't mean that settling for $50K is unreasonable. Your case may not be nearly as good as you think it is, or it may cost so much to get the facts out there, that you'll end up with little after the jury verdict even if you win.
Your lawyer can't MAKE you sign anything. It's 100% your choice. If you don't like the terms, get another lawyer. It's done all the time; the only thing is, you need to make sure that the contingency fee rights of the lawyer who got you this far are fully taken care of. He has a right to receive 1/3 of any amount up to $50K and his expenses,--your new attorney will get the rest of whatever fee remains.
Few people, though, will be willing to take this case if it's only a few thousand dollars off what is objectively reasonable. Still, you are entitled to a second opinion. Pay another lawyer a few hundred to review the file, it may be worth it.
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